SECTOR 1

1.1 Freedom of expression, including freedom of
the media, is guaranteed in the constitution and
supported by other pieces of legislation
Under the list of Fundamental Freedoms in Chapter 3 of the Namibian Constitution,
Section 21 (1) (a) guarantees freedom of expression and explicitly includes the
media. It reads:
All persons shall have the right to: (a) freedom of speech and expression,
which shall include freedom of the press and other media;
This right is supported by several other pieces of legislation, including
international instruments that Namibia has signed and/or ratified. It is important
to note that per Article 144 of the constitution, all international and continental
agreements, once ratified, automatically become binding and thereby form
part of the laws of Namibia. Amongst others, these include the SADC Protocol
on Culture, Information and Sport, the Windhoek Declaration and the African
Charter on Human and Peoples’ Rights (ACHPR) – all of which strongly advocate
for freedom of expression and of the media.
At the local level, laws supporting this right include the Communications
Act: which establishes CRAN, makes mention of the equitable distribution
of frequencies and tries to ensure community access to the media. The
Communications Act, however, also carries various drawback clauses which are
contradictory to the letter and spirit of the right enshrined in the constitution and
the international laws to which Namibia is party.
‘We have many laws that support freedom of expression, but our laws are rather
schizophrenic. On the one hand, they promote this right, but further down, they
go against these very laws.’ These include parts of the Communications Act,
the Protection of Information Act and others, which are discussed in Sector 1.3.
The Namibian Broadcasting Act ‘does not explicitly promote freedom of
expression and can’t be seen as supporting this right’. That said, the Broadcasting
Policy currently being discussed by CRAN has the potential to add support to
the constitution’s guarantee and seeks to include clauses on things such as the
equitable coverage of political parties.
Namibia still does not have an access to information law and panellists noted the
need for an urgent review process for a Communications Amendment Act, as
well as a review of the Broadcasting Policy.

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AFRICAN MEDIA BAROMETER NAMIBIA 2018

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